Sat, 26 Apr 2008

Dahlia Lithwick wrote a
terrific article in yesterday's Slate about the shameful
behavior of the Republicans in the Senate in blocking a bill
that would have allowed women to sue for pay discrimination.

The Lilly Ledbetter Fair Pay Act was written in response to
the case brought by Lilly Ledbetter against the Goodyear Tire and
Rubber Company. Courts had found that she was definitely the subject
of discrimination: her pay was as much as 40% less than men doing
a similar job (despite her excellent reviews), one year she was
actually paid below Goodyear's own minimum threshold for that
position, she had been explicitly barred from discussing salary with
her coworkers (this is apparently legal, at least in Alabama),
and she had been told explicitly by a manager at Goodyear that that
the "plant did not need women, that [women] didn't help it, [and]
caused problems."

No one at any level has disputed that Ms. Ledbetter was
discriminated against -- even the Supreme Court. However, the
Supremes threw out her appeal last year on the basis that the
statute of limitations had run out and she should have filed
her case within 180 days of receiving her first paycheck.
In other words, as long as you don't know when you're hired that
your pay is discriminatory, it doesn't matter if you find out later;
it'll be too late then, so forget it. Pay discrimination is fine,
and not actionable, as long as you can delay the victim's finding
out about it for a few months.

Senate Republicans believe so strongly in a company's right to discriminate
that they not only argued against the bill, they actually
filibustered against it!

For more gory details of the case, read Lithwick's excellent Slate
article. But even if you don't, be aware if you're considering
voting for John McCain in November that although he was campaigning
instead of voting on this bill, he proclaimed agreement with the
rest of his party in opposing the Fair Pay Act.

So if you're against pay discrimination ... or if you're a woman and
might be the victim of such discrimination ... be aware that
John McCain is not on your side.